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On The Privacy Subtleties Of GMail, Other Webmail

Brad Templeton writes "After talking with Google folks and learning about E-mail privacy law from EFF (join!) lawyers, I have written a new essay on the privacy subtleties of GMail and other advanced webmail applications. Some of the fear has been overdone, but there are surprising issues due to the fact that the ECPA, written almost 20 years ago, wasn't prepared for fancy e-mail offerings like GMail. I issue a call for Google to encrypt your mail to avoid these issues."

17 of 298 comments (clear)

  1. What is a geek? by ObviousGuy · · Score: 5, Interesting

    This article goes right to the heart of my query. Rather, the existence of this article does so. Is a geek one who revels in technology and the pursuit of coolness in new technology? Or is a geek someone who is wrapped up in figuring out how technology will be used inherently for evil purposes?

    I like to think of geeks as the happy lot who wander the streets of Akihabara mesmerized by all the glitz and blinkenlights of the latest and greatest devices.

    The article demonstrates a new strain of geeks which seems to revel in stymieng the technological process by handicapping it at every turn.

    I imagine that any geek can encompass both forms, but I have a feeling that lately it is the boys who cry wolf that are taking over geekdom.

    --
    I have been pwned because my /. password was too easy to guess.
  2. grr. by SinaSa · · Score: 5, Insightful

    This is pretty rediculous if you ask me. People in America give away their privacy rights all the time, without any worry. Most of the YRO stories on slashdot are just about that. But when a half respectable company like google decides to provide a free service, which you aren't obligated to use people go crazy.

    I don't understand it. If you can't handle an automated script putting some ads in your emails from a simple world relation algorithm, maybe you should just, not use it?

    Nobody raised this size of a ruckus over Orkut's similar cookie features, especially considering they hold a far larger quantity of personal information than GMail ever will.

    --
    --
    The last digit of pi is four.
  3. Re:No... by Jameth · · Score: 5, Insightful

    Why do people always call out, "Just don't use it!" If the minority who saw the truth just ignored the majority product throughout history, we'd be fucked. The minority fighting for change has vastly improved the world on a regular basis.

    Also, Google isn't the government. Read what you are replying to.

  4. Doesn't matter. by Xenographic · · Score: 5, Interesting
    All they have to do is a simple redirect and the advertisers might never know anything more than the keywords which triggered the email (nor even that it was *from* an email and not a web search).

    In other words, no more than they know if you click on a Google sponsored link right now.

    So, umm, in that case, don't sign up for a free trial of Out if you don't want one? *shrug* :]

    Honestly, MSN, Yahoo & co. can do all of this right now, should they desire, and they have very little incentive to tell us about it. Well, maybe in the UK it might be illegal, but if they exclude all people who are from it from the policy and never tell anyone... (as if that were meaningful considering how many fill in utterly false info there...)

    Hell, look at this current snip from the MSN Privacy Policy, which governs Hotmail:


    MSN keeps track of the pages our customers visit within MSN, in order to determine what MSN sites and services are the most popular.

    MSN also collects certain information about your computer hardware and software. This information may include: your IP address, browser type, domain names, access times and referring Web site addresses.

    Certain MSN services may be co-branded and offered in conjunction with another company. If you register for or use such services, both MSN and the other company may receive information collected in conjunction with the co-branded services.

    [...]

    MSN Web pages may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that allow MSN to count users who have visited those pages and to deliver co-branded services. MSN may include web beacons in promotional e-mail messages or MSN Newsletters in order to count how many messages have been opened and acted upon.

    Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. MSN Web pages may also contain Web beacons placed there by third parties in order to compile aggregated statistics and to help determine the effectiveness of our joint promotional or advertising campaigns. MSN prohibits web beacons from being used to access your personal information.

    [...]

    In addition, MSN allows other companies, called third-party ad servers or ad networks, to display advertisements on MSN Web pages. Some of these ad networks may place a persistent cookie on your computer. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. Microsoft does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks.

    MSN maintains relationships with a number of the third-party ad networks currently operating such as: Ad4Ever; AdCentric Online; Ad Dynamix; AdSolution; Avenue A; BlueStreak; BridgeTrack; DoubleClick; efluxa; Enliven; Flycast; i33; Mediaplex; PlanetActive; Pointroll; Profero; Qksrv; RealMedia; RedAgency; TangoZebra; TargetGraph; TrackStar; Travelworm; Unicast. Those ad networks that use persistent cookies may offer you a way to opt out of ad targeting. You may find more information at the Web site of either the individual ad network or the Network Advertising Initiative.


    Where was this fuss over these terms? I at least trust Google more than MSN...
  5. Re:No... by metlin · · Score: 5, Insightful

    Why call Google to encrypt your mail? If you are that concerned, you could go ahead and encrypt it yourself.

    And if you are not bothered to do it on your own, or are not concerned enough about security, then you have no business complaining about Google.

    Like the parent poster said, if you do not like Gmail, do not use it. What did you expect? Somebody off the street to come and give you an e-mail account with the coolest features for free with almost nothing from your side? Well guess what, in real life there is no such thing as free lunch.

    And as for the "masses" out there, there's probably way more information floating around in the form of spyware and the like that gather data, than through something like Gmail.

    This is the problem if you are the biggest guy around - everyone finds some reason or the other to pick on you.

    He is right about the freak-out factor, but then for all you know, its probably a ploy from competitors to put Google at a disadvantage (you never know!).

    And besides, if you are that concerned about secure information, plain e-mail is akin to sending confidential information on a postcard.

    If you want confidentiality, encrypt your stuff. Why should Google do it for you? If you are that concerned, go ahead and do it yourself.

    Encryption is a serious resource overhead - and encrypting for a very large number of people/subscribers (which Google will most certainly have) for very large amounts of data (which again, Google does and will have) is going to be a serious drain of resources.

    And it is true - now even for the simplest things, Google is getting picked on. Despite the fact that they are perhaps the most benign (yet) of all the corporates out there. I guess people need someone to rant about. And sugarcoat it all with, "I love Google, but..."

  6. free or not, Gmail is not good... by sdedeo · · Score: 5, Insightful
    As far as I can tell, Gmail's biggest problem is this: "Dear son, your grandma died suddenly. Details on the funeral ASAP. Call me." On the right hand side, google text ads hawking caskets, flowers, funeral homes. It's tacky, to say the least, and I have little respect for people who are willing to let ads into their private lives to this degree.

    Tackiness aside, though, if there are privacy problems, they need to be addressed. Yes, I know that Gmail is the ultimate in "opt-in." Don't like it, don't use it. This should make privacy concerns a moot point: interesting to debate, but nothing to fume about.

    But google is a huge service. If Gmail is launched, people will flock to it in droves. Not just geeks, but ordinary people who have no idea how much of their private lives are lived "in plaintext." The privacy of many, many people, even those who do not use Gmail, is at stake.

    Imagine, for example, a phone company that halves your rates in exchange for being allowed to sell transcripts of your phone conversations. Don't like it, don't use it -- but what about my rights to privacy when I call you? The simple answer ("don't call people with NoPrivacyPhone") is no solution at all.

    --
    Protect your liberties. Donate to the ACLU
    1. Re:free or not, Gmail is not good... by alphakappa · · Score: 5, Informative

      Imagine, for example, a phone company that halves your rates in exchange for being allowed to sell transcripts of your phone conversations

      Where did you get the ridiculous idea that Google is selling your email transcripts? Google is inserting text ads (automatically) in your email - the advertisers do not get to see your email.

      Also, Google has mentioned that it won't be inserting ads indiscriminately - you can trust them to be intelligent enough not insert casket ads!

      I've been using Gmail and I can vouch for the fact that the text ads do not even appear in all the pages - just a few emails - and not obtrusively like Yahoo! or Hotmail which put their ads right at the bottom of emails which get sent out - here only you see the ads which you may not even notice since they are just tiny text.

      --
      "When the only tool you own is a hammer, every problem begins to resemble a nail." - Abraham Maslow (1908-1970)
    2. Re:free or not, Gmail is not good... by LostCluster · · Score: 5, Informative

      As far as I can tell, Gmail's biggest problem is this: "Dear son, your grandma died suddenly. Details on the funeral ASAP. Call me." On the right hand side, google text ads hawking caskets, flowers, funeral homes. It's tacky, to say the least, and I have little respect for people who are willing to let ads into their private lives to this degree.

      Google's proven smart about this kind of thing in the past. Ads that don't get at least a .5% clickthrough rate aren't welcome on Google's search engine... and a 1% CTR is demanded for ads that want to be displayed elsewhere on Google's network.

      I'm pretty sure that non-socially-acceptable ads will get thrown out of GMail. If people don't want to hear from any sponsor in a certain situation, GMail will react and not show ads when that situation comes up in the future.

      Google AdSense takes the policy that when it doesn't have any likely-to-be-clicked ads to show, it mails in PSAs or lets the webmaster do something else with the space. They don't randomly guess four ads from the database in a random effort, they just mail it in.

      So, the only way casket ads will show up in an e-mail thread about the death of grandma will be if people are actually clicking on such ads...

    3. Re:free or not, Gmail is not good... by Anonymous Coward · · Score: 5, Informative
      It's obvious that you've never used GMail. Check here for a beta tester's account on how he tried to foil Google's system to show tacky ads. He was unsuccessful.


      "As for inappropriate or insensitive targeting... I haven't noticed this to a be a problem yet. I sent a couple of test mails to my Gmail account, focusing linguistically on the theme of death and dying, and Gmail "outsmarted" me each time. That is to say, when I sent e-mails about "dying to see funny jokes... man, that last one had me out of breath, on the floor, and about ready to die!..." Gmail smartly showed ads for Joke stuff. When I wrote a note (thankfully untrue!) of equal length about a relative dying ("Isn't it funny how the doctors didn't notice anything strange about Aunt Martha before she died?... You have to laugh at the incompetence of medical staff nowadays..."), Gmail showed no ads whatsoever. I'm sure there will be instances in which Gmail's targeting results in ironic or even unpleasant juxtapositions, but it seems to me that this should be rare, and in the end probably no more likely than the scenario of a recently-widowed woman seeing an untargeted but equally jarring ad for "Single? Looking to date?" ad in her Yahoo mail."

  7. Re:No... by zhiwenchong · · Score: 5, Insightful

    Personally I don't have issues with Gmail... in fact I'm looking forward to getting an account.

    However, if one is really concerned with privacy, I have to say that the "don't use it" argument dosn't really cut it. While one may not use Gmail directly, invariably one will need to send mails to people with Gmail accounts some time or the other, and the contents of the those mails will end up in Gmail servers.

    One might argue that email is inherently public anyway, so sending mail to Gmail address is no different from sending mail to any other email address. (anyone with a packet sniffer in the correct place can peek into the contents of your mail). Well, sure... okay.

    But don't keep repeating the cliched "don't use it" credo. It isn't really as simple as that.

  8. everything has a price... by NCraig · · Score: 5, Insightful

    Such a mild invasion of privacy is the price you pay for free email with massive storage. To those who balk at the terms: how much would you shell out for a "secure" GMail?

  9. Re:No... by alphakappa · · Score: 5, Informative

    I've been using Gmail and I find it incredibly useful. My favs:
    1. The keyboard shortcuts: allows me to use web based email the way I use Pine.. do everything without touching the mouse even once.

    2. The tracking of emails to display them as "conversations".. so neat, it looks almost obvious.

    3. The much griped about text ads are totally unobtrusive, and (faint, faint) they do not even appear on all email pages. Google probably has some algorithm to decide which conversations can get targeted ads.

    4. The address autocomplete - no more clicking on email addresses in a popup window to insert them. It works exactly like a proper client application (as different from a browser app)

    5. To reply to an email, all I have to do is click in a textbox below the email and presto! the compose widgets are there.. great time saver.. and you can see the conversation on top.

    and the best part..

    6. The interface is so clean and clutter free - it has google written all over it!

    --
    "When the only tool you own is a hammer, every problem begins to resemble a nail." - Abraham Maslow (1908-1970)
  10. What about anti-Spam programs by $0.02 · · Score: 5, Insightful

    I do not see any privicy issues if a program reads my email in a single pass and add ads as soon as it does not store the data, does not integrate and post-analyze the data, does not use the data for profiling, etc. Plus, you do not have to use gmail at all. However, if gmail raises privicy issues then what about anti-spam programs that read and analyze your email whether you want or not? Morever you do not even know if there is an anti-spam program when you send your email to foo@bar.net. Then what about censorship issues with anti-spam programs? If someone sends an offer for viagra to president@whitehouse.gov, and an anti-spam program stops it, is it an instance of anti-Consitutional censorship? I do not say that anti-Spam progams are evil but rather just making a point about to harsh fear of the beast that was not even born yet (officially).

    --
    If enithin kan gow rong it whil. (Murfey)
  11. Can't emphasize it enough by Seven001 · · Score: 5, Insightful

    I know others have said it, but really, if people don't like it they don't have to use it. Nobody is being forced in the least. There are plenty of other free email providers. The big comeback to that so far has been, "but what if I have to send an email to someone on GMail". You can't pick the phone service provider for a person you call, just like you can't pick a person's email provider for them. If you are that paranoid and whatever you are sending needs to be soooo private, then I doubt you'll want to be sending to a free email address of any kind anyway. I swear, some people just bitch to hear themsevles bitch.

  12. Re:not comparable by Xenographic · · Score: 5, Insightful

    The anti-spam and anti-virus scripts already parse all of your mail. This is simply a different bit of parsing.

    Also Google can and most likely will, due to the outcry as well as their own code of ethics, limit how much an advertiser can infer from what ad you clicked.

    Ideally, it would be no more than anyone gives away by clicking ads in the search results (and I note that you need never click these ads if you don't want to...). This is something no one had a problem with before, after all, however much it told them about your searches (and we all should know by now that every single worthwhile log parsing scripts pulls out the keywords people visit your site via... right?).

    Honestly, I'm more worried about the warrantless search provisions and such this could fall prey to. Even so, I trust Google far more than the other services which are undoubtably now copying them for this.

    Honestly, I'd almost like them to patent a few provisions of this (provided the patent was narrow enough) and simply keep others from copying Google and doing the whole service badly, in a way that would be horrible from a privacy standpoint...

  13. Server-side encryption is useless. by scrod · · Score: 5, Insightful

    If you don't trust Google to keep your email private, why should you trust them to encrypt your email without using an escrow key or some equivalent?

  14. Because Google might actually listen? by geekotourist · · Score: 5, Insightful
    If you're the sort of person who wants more encryption used in email i.e.:
    "The key to deploying encrypted mail is to make it happen with close to zero involvement by the user. This is hard, and requires some security compromises that have made cryptographers uneasy in the past.

    However, I have come down to the view that getting encryption widely deployed, even with some minor flaws, is better than getting perfectly designed encryption (if that's even possible) that hardly anybody uses.

    The reason is that I exchange mail with tons of people, not just my closest linux-using nerd friends. If I want my mail to be private, I have to get the general public encrypting. This is a particular concern with new laws just passed granting U.S. law enforcment the power to read the "header" of a message -- including the subject lines of E-mails without a warrant. In addition, other nations have always had such powers, and on top of it all, most ISP backbones and mail servers are poorly secured from snooping by almost any system cracker trying to invade your privacy...
    Then you'll ask the technology companies most likely to listen to a request to add easy-to-use encryption to their product. Whatever Google could come up with might be much better than the poor-UI, hard to install, barely any use email encryption systems currently around. Just a nice, clean button saying "I feel Private" or somesuch thing.

    Current use of encryption for email is terribly low: I remember when Whitfield Diffie was asked at a Computers, Freedom and Privacy Conference a few years back how many emails sent to him were encrypted. Because you'd expect him to be way up at the top of the list of people who get encrypted email... under 10% was his reply. Oh, and Zimmerman was also in the audience... same answer.